NSW Caselaw
New South Wales Court of Appeal
CITATION : Mancini v Thompson [2002] NSWCA 38 FILE NUMBER(S) : CA 40978/00 HEARING DATE(S) : 20 November 2001 JUDGMENT DATE : 2 May 2002
PARTIES : Peter Mancini (Appellant) Eric Thompson (Respondent) JUDGMENT OF : Beazley JA at 1; Stein JA at 31; Rolfe AJA at 32
LOWER COURT JURISDICTION : District Court LOWER COURT DC 125/99; DC 3807/99 FILE NUMBER(S) : LOWER COURT Phegan DCJ; Sorby DCJ JUDICIAL OFFICER :
COUNSEL : Appellant - S G Campbell Respondent - W P Kearns SC/R Hanlon SOLICITORS : Appellant - Thomas Laycock Respondent - Smythe & Mallam CATCHWORDS : MOTOR ACCIDENTS - Late claim - application for dismissal of proceedings - Motor Accidents Act 1988 s 43A(7) - whether claimant had a "full" explanation for delay - prejudice not a relevant matter to consider in determining application for dismissal - WORKERS COMPENSATION - alternative rights and election between different remedies - Workers Compensation Act 1987 s151Z(1) - rule against double compensation - worker injured at work as a result of outsider's negligence - worker later aggravates injury at work - worker sues outsider for damages, including damages resulting from aggravation - whether workers' compensation entitlements should have been deducted from damages - DAMAGES - personal injuries - avoiding double compensation - offsetting of workers' compensation payments - Workers Compensation Act 1987 s151Z(1) - worker injured at work as a result of outsider's negligence - worker later aggravates injury at work - worker sues outsider for damages, including damages resulting from aggravation - whether workers' compensation entitlements should have been deducted from damages Motor Accidents Act 1988, s40(2), s 43(A) LEGISLATION CITED : Workers Compensation Act 1987, s 151Z(1) Supreme Court Rules, Pt 51 r 23 Russo v Aiello [2001] NSW CA 306 CASES CITED: Franklins Self Serve Pty Limited v Wyber (1999) 48 NSWLR 249 Kempsey District Hospital v Thackham (1995) 36 NSWLR 492 DECISION : Both appeals dismissed with costs
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